International Studies 470 / 670
International Environmental Policy
Course Syllabus: Fall Term 2008
Don Munton
International Studies Program
Administration Bldg. Rm. 3011
250-960-6644
Email: munton@unbc.ca
Overview
This seminar will focus on two basic questions:


Are we facing serious international and global environmental threats (and how do we know)?
If so, what are the most effective ways to deal with these problems ?
Stated slightly differently, how should we identify and prioritize global environmental issues? And what should
we do to manage or overcome them?
In trying to answer these questions, we will explore the nature of international / global environmental
agreements and governance arrangements, or “regimes.” We will consider both the formation of these regimes
and their effectiveness. If nations have diverse and competing interests, is it possible for them to cooperate to
establish environmental regimes and, if so, how and why do they cooperate in this manner? And, if diverse
interests constrain international cooperation, and limit the extent to which states will agree to restrict their own
actions, is it possible for international environmental regimes to be effective?
We will also consider two additional questions, closely related to those above. First, does the private
sector have a role in global environmental governance? And second, is economic development a competing
priority, and perhaps an even more important priority, than a healthy global environment?
The broader contexts for all these questions are two broad and longstanding debates in this field: the
debate between the notions of the “tragedy of the commons” and “co-operative management” and the debate
between proponents of national sovereignty and proponents of transnational or global norms. Are global
environmental problems doomed to replay the “tragedy” that often befalls common property, or can they be
managed by cooperation of the various actors involved? Should the principle of national sovereignty be
paramount, or are norms developing amongst global actors that supersede national interests?
In order to get a grasp on answering these conceptual and analytical questions, we will adopt a case
study approach. The cases or issues we will use include ozone depletion, acid rain, trade in hazardous waste,
biodiversity, global warming and climate change, toxic contaminants, and war and the environment. We will
also examine the specific case of the environment in China.
Course Objectives
The objectives of this course are as follows:
1. to become familiar with a range of international environmental issues;
2. to understand both problem and prescription in international environmental affairs:
particularly, over-exploitation and the potential for international cooperation;
3. to examine critically the formation and effectiveness of international norms and regimes,
and to develop a personal answer to the above questions;
4. to participate and share in development of a group appreciation of these matters; and
5. to improve personal skills in speaking, writing, and critical/analytical thinking.
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Assignments
This is a seminar course. There will be no lectures; classes will comprise short presentations and
discussions, focused on the respective topic and readings. It will therefore be essential that all class members
commit themselves to reading the required material each week and to participating actively in all class
discussions. These are solemn responsibilities for all of us in order to make the classes as beneficial and
interesting as possible.
In addition to doing the readings and participating regularly, each class member will make two formal
presentations. Presentation dates and topics should be arranged with the course instructor well in advance of the
class when the presentation is to be made. The topic of one of these presentations may be assigned by the
instructor. Presenters are required to provide an outline of their presentation to all class members by noon on
presentation day, and to submit the full presentation (hardcopy or electronic) to the instructor at the same time.
You are also required to submit three short (4-5 page) discussion papers. The discussion paper to be
submitted for any given week should answer the “topic” question for that week, or some part of that question.
You can decide when you will do two of these; the final discussion paper is to be submitted for the last class of
the term. Discussion papers must be submitted at the end of the relevant class, and should not overlap with your
own presentations. No late papers, or papers for missed classes, will be accepted. Graduate students will also do
a major research paper.
All papers will be subject to a possible “revise and re-submit” process. If there are a significant number
of grammatical and stylistic errors in a paper, the instructor may request these be corrected before a mark is
entered for that paper.
The mark breakdown for the course will be as follows:
Discussion Papers (3)
45
Presentations (2)
20
General Seminar Participation
35
____
100%
Required Reading
As noted above, there are weekly reading assignments. For some students, the reading requirements
will likely be greater than in other classes, particularly first and second year classes. Readings will be available
either: (i) on 2 hour reserve in the Weller Library (books and/or photocopies), (ii) through the Weller electronic
journals service, (iii) on the class Blackboard site, or (iv) on the internet. If you are not prepared to discuss the
readings in class you are letting down your colleagues and undermining our collective enterprise.
You are expected to be familiar with Our Common Future, the 1987 report of the World Commission
on Environment and Development (a.k.a., the Brundtland Report). This is one of the contemporary classics in
global environmental studies and it is not a tough read. The report (in book form) is on Weller reserve and
available at: www.worldinbalance.net/pdf-brundtland.pdf (25 MgB). At a bare minimum, you should read Marcia
Valiante, “Forging Future Options” Queen’s Quarterly (1989) 96(1): 23-35 (on reserve in the Weller Library).
Warning: Given our numbers, there will be competition for readings in the Weller reserve room.
Pleading that “the readings were signed out when I went to the Library” is not an acceptable excuse for not
doing your reading. Leaving required readings to the last few hours before class is a VERY high risk strategy
even if you can access them. If anyone else in the class adopts the same strategy, and is 5 minutes ahead of you,
you will find yourself in academic peril. A basic rule of survival and excellence at university, and in the world,
is: plan ahead. A corollary rule is: do it early or, at least, early enough to get it done right.
To facilitate understanding, I suggest you read the required readings for each week in the order in
which they appear in the syllabus. (This does not apply to “presentation” or “supplementary” readings.)
For each week, the syllabus lists a number of “presentation readings.” Your presentations to the
seminar will make use of these readings, and most often focus on one of them. A presentation should NOT be a
simple summary of the reading(s) you choose. A presentation should help to answer one or more of the topic
questions posed for that week. To answer those questions, you should use the article in question, as well as the
required readings for the class, and earlier readings and discussions.
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Supplementary Reading
For most weeks I have made some suggestions of supplementary readings related to that topic(s) of the
week. These are not required readings; they are there in case you are interested or are doing a discussion paper
on that topic and want to read further. Not all of these supplementary readings have been placed on reserve, but
I have personal copies of many of them. Ask if you are interested.
Academic Conduct
Plagiarism, cheating on assignments (including submitting the same paper to this and another course
without permission to do so), and other major academic offences will definitely result in a mark of zero on that
work, probably a failure in the course as a whole, and possibly more severe penalties. You must familiarize
yourself with the relevant UNBC regulations regarding academic conduct. See “Academic Offences” and
Academic Sanctions”, pp. 64-5 of the 2008-9 UNBC Academic Calendar (or www.unbc.ca/calendar/index.html ). If
you have any questions about these regulations, or how they are interpreted, you should speak with the
instructor.
Light Reading on Environment Issues
If you have time on your hands, after December 2008, for some lighter reading, there is a raft of fiction
dealing with environmental themes, usually as disasters. See, for example: John Barne, Mother of Storms; John
Brunner, The Sheep Look Up; John Christopher, No Blade of Grass; Nevil Shute, On the Beach (no, it’s not
about garbage or erosion, but rather the aftermath of nuclear war); Ellen Datlow, Vanishing Acts (species
extinction); Sheri S. Tepper, The Companions (biodiversity); Kate Wilhelm, Where Late the Sweet Birds Sang
(cloning); Ursula K. Le Guin, The Dispossessed; and Margaret Atwood, Oryx and Crake (biotech). Some of the
old classics of environmental sci-fi would include: Mary Shelley, Frankenstein (1818), H G Wells. The Island
of Dr. Moreau (1896), JG Ballard, The Drowned World (1957); and Karel Capek, War with the Newts (1938;
giant newts take over the world). (These are, however, mostly not available at the Weller Library.)
Websites
A very useful website listing more than one hundred environmental journals is:
http://www.medbioworld.com/cgi-bin/displaycontents.cgi?table=bio&type=Journals&filecode=(B)%20Environment
There are career opportunities for students interested in global environment issues. See, eg:
http://www.ires.ubc.ca/downloads/brochure/Internship_Brochure.pdf
http://www.iisd.org/interns/
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Summary Class Schedule
Seminar:
Date:
Topic:
1.
Sept 2:
Seminar introduction
2.
Sept 12
(NOTE: Friday afternoon class) Global environmental relations in the 20th century
3.
Sept 16:
Can we manage the Global Commons? The case of Ozone Depletion
4.
Sept 23:
What instruments should we use? Different Perspectives, Disciplines and Approaches
5.
Sept 30:
How are regimes formed? (I)
6.
Oct 7:
How are regimes formed? (II) Biodiversity Convention / Basel Convention
7.
Oct 14:
Are regimes effective? (I) War and Environment / Nuclear Testing
8.
Oct 21:
Are regimes effective? (II) Toxic Substances and Human Health
9.
Oct 28:
Are regimes effective? (III) The Kyoto Accord
10.
Nov 4:
Do private sector regimes work? Corporate Responsibility
Nov 11:
University holiday: No class
11.
Nov 18:
Are there competing priorities? Environmental Policy in China
12.
Nov 25:
Where are we going in the 21st century? What principles should apply?
Montreal Protocol
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Seminar 1. Introduction to International/Global Environmental Policy
(2 September)
Seminar 2. Where are we coming from? From Stockholm to Rio to Johannesburg
(12 September – NOTE: Special Friday afternoon class)
Topics: What was the impact of such key 20th century international environment developments as the 1972
Stockholm environment conference, the 1992 Rio Earth Summit and the 2002 Johannesburg summit?
And: What do international efforts to deal with climate change say about our recent commitment to deal with
environmental problems?
Required Reading:
(Note: Readings are best read in the order they are listed for each week.)
Lynton Keith Caldwell, International Environmental Policy, 2nd edition, 1990, Chaps 1 and 2 (pp. 8 - 54) OR
3rd edition, 1996, Chaps 1, 2 and 3 (pp. 11-62) (Both editions of this book are on reserve; the two
editions are not identical but are very similar in content)
Paul Wapner, “World Summit on Sustainable Development: Toward a Post-Jo'Burg Environmentalism” Global
Environmental Politics, Volume 3, Number 1, February 2003 [Weller electronic journals]
Lee-Anne Broadhead “Canada as a Rogue State” International Journal, Summer 2001 [Weller electronic journals]
Presentations:
Adil Najam “Developing Countries and Global Environmental Governance” International Environmental
Agreements, Vol 5(3), Sept 2005 [Weller electronic journals]
Peter Haas, Marc Levy and Edward Parsons, “How should we judge UNCED’s success?” Environment Vol. 34
No 8 (October 1992) (copy on reserve)
Supplementary Reading:
Jacob Scherr and Jugge Gregg “Johannesburg and Beyond” Georgetown International Environmental Law
Review, Spring 2006 [Weller electronic journals]
United Nations, “The Johannesburg Summit 2002” at: http://www.un.org/jsummit/html/basic_info/basicinfo.html
Edward Parson, Peter Haas and Marc Levy, “A Summary of the Major Documents signed at the Earth Summit
and the Global Forum?” Environment, 34(8) (October 1992), 12-15, 34-6 (copy on reserve)
Stephanie Meakin, “The Rio Earth Summit” Research Branch, Library of Parliament, Nov 1992 (copy on reserve)
Marvin Soroos, “From Stockholm to Rio” in N Vig and M Kraft, Environmental Policy in the 1990s, CQ Press,
1994, 299-321 (book on reserve)
Bette Hileman, “Earth Summit Concludes with Agenda for Action, but Little Funding” Chemical and
Engineering News 6 July 1992, 7-17 (copy on reserve)
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Seminar 3.
Can we manage the global commons? The case of ozone depletion
(16 September)
Topic: Is the “Tragedy of the Commons” inevitable? Does the ozone depletion case demonstrate a “tragedy
of the commons,” or successful “co-management,” or both?
Required Reading:
Garrett Hardin “The Tragedy of the Commons” Science, Vol. 162 (1968), 1243-8 (copy on reserve - and reprinted lots
of places)
David Feeny, et al “The Tragedy of the Commons 22 Years Later” Human Ecology, 18(1), 1-19 (copy on reserve)
S Rowland and M J Molina, “Ozone Depletion: 20 Years after the Alarm” Chemical and Engineering News, 15
August 1994, 8-13 (copy on reserve)
“Ozone Hole: A Longer Recovery” Environment, Vol. 48 Issue 7 September 2006 [Weller electronic journals]
Presentations:
David Feeny (above) and Joanna Burger and Michael Gochfeld, “The Tragedy of the Commons: 30 Years
Later” Environment 40(10) [copy on reserve]
Margaret A. McKean “Success on the Commons: A Comparative Examination of Institutions for Common
Property Resource Management” Journal of Theoretical Politics, 4(3), 1992 [copy on reserve]
Supplementary Reading: Over-exploitation and Co-Management
Elinor Ostrom, Governing the Commons: The Evolution of Institutions for Collective Action, New York,
Cambridge University Press, 1990 (copy on reserve)
Fikret Berkes and David Feeny “Paradigms Lost: Changing Views on the Use of Common Property Resources”
Alternatives Vol. 17 No. 2 (1990), 48-55 (copy on reserve)
Fikret Berkes, et al “Co-Management: The Evolution in Theory and Practice of the Joint Administration of
Living Resources” Alternatives, 18(2), 1991, 12-18 (copy on reserve)
H. Scott Gordon “The Economic Theory of a Common-Property Resource: The Fishery” The Journal of
Political Economy, April 1954 (copy on reserve and reprinted in R. Dorfman, Economics of the Environment)
Patricia Marchak, et al (eds.) Uncommon Property: The Fishing and Fish-Processing Industries in British
Columbia, Toronto, Methuen
Evelyn Pinkerton, Co-Operative Management of Local Fisheries, Vancouver, UBC Press, 1989
Richard Benedick, “The Montreal Ozone Treaty: Implications for Global Warming” American University
Journal of International Law and Policy Vol. 5 (1990) pp. 227-233 (copy on reserve)
Harold and Margaret Sprout, Toward a Politics of Planet Earth, New York, Nostrand, 1971, Chaps 17-18
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Seminar 4.
(23 September)
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What approaches and instruments should we use?
Different Perspectives, Disciplines, and Approaches
Topics: Are environmental problems serious or not (the “Lomborg debate”)?
And: Different social sciences and other disciplines approach environmental management in different ways,
utilize different concepts and make differing assumptions. What are these various concepts and assumptions
and how do they affect the conclusions these disciplines arrive at and the prescriptions they advance?
Required Reading:
Bjorn Lomborg, “The Truth About the Environment” The Economist, 4 Aug 2001 [Weller electronic journals]
S. Schneider and T. Lovejoy, "Misleading Math about the Earth," Scientific American, January 2002, 61-5, 6971 [Weller electronic journals]
Oran R. Young, “Global Environmental Change and International Governance” Millennium Vol. 19 No. 3
(1990), 337-46 (copy on reserve)
plus, one of the following:
David Robertson “The Global Environment: Are International Treaties a Distraction?” The World Economy,
Vol. 13 No. 1 (March 1990) (copy on reserve)
Robert N Stavins, “Harnessing the Marketplace” EPA Journal, May-June 1992 (copy on reserve)
Carolyn Merchant, “Ecofeminism and Feminist Theory” in Irene Diamond and Gloria Feman Orenstein (eds)
Reweaving the World: The Emergence of Ecofeminism, Sierra Club Books, 1990 (copy on reserve)
Lincoln C. W. Wee, “Debt for Nature Swaps, A Reassessment of their Significance in International
Environmental Law” Journal of Environmental Law, 6(1) (1994) (copy on reserve)
John McCormick, “The Role of Environmental NGOs in International Regimes” in N Vig and R Axelrod, The
Global Environment, CQ Press, 1999 (book on reserve)
Bradley C. Karkkainen, “Post-Sovereign Environmental Governance” Global Environmental Politics, Feb
2004, Vol. 4 Issue 1 [Weller electronic journals]
Presentations:
Bjorn Lomborg, The Skeptical Environmentalist, Chap 1 (book on reserve, or at
www.lomborg.com/skeptenvironChap1.pdf and S. Schneider and T. Lovejoy (listed above)
Or: Compare and contrast two of the above readings: eg, Young and Robertson, or Stavins and Wee
Supplementary Reading on Lomborg:
Douglas A. Kysar, “Some Realism about Environmental Skepticism: The Implications of Bjorn Lomborg's The
Skeptical Environmentalist" Ecology Law Quarterly 223-278 (2003) [Weller electronic journals]
Union for Concerned Scientists, 2003. “UCS Examines The Skeptical Environmentalist by Bjørn Lomborg.
at http://www.ucsusa.org/global_warming/science/ucsexamines-the-skeptical-environmentalist.html
Peter Gleick, et al “Skewed Scepticism” American Scientist 90 (2), 2002, 184-186
M. Grubb, “Relying on Manna from Heaven?” Science 294: 2001, 1285-1287
Grist Online Magazine “Something is Rotten in the State of Denmark” at: http://www.grist.org/advice/books/2001/12/12/of/
S. Pimm and J. Harvey, "No Need to Worry about the Future," Nature, November 2001, 149-50;
Other Supplemental Reading
Larry Ruff “The Economic Common Sense of Pollution” The Public Interest, No 19 (Spring 1970), 69-85
J. H. Dales “Land, Water and Ownership” Canadian Journal of Economics, November 1968
(both of the above reprinted in R. Dorfman and N. Dorfman, Economics of the Environment, 229-244)
Gunther Handl, “International Security and Global Change: The Challenge to International Law” Yearbook of
International Environmental Law Vol. 1 (1990), 3-33
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Seminar 5. How are regimes formed? (I) Montreal Protocol (on ozone depletion)
(30 September)
Topic: If the stratosphere (and thus the ozone layer) is a global commons, how was it possible to create and
implement the Montreal Protocol? Was it due mainly to science, diplomacy, or business / economic
factors?
Required Reading:
Gail Osherenko and Oran Young, “The Formation of International Regimes: Hypotheses and Cases” Polar
Politics, Cornell University Press, 1993, 1-3, 8-21 (copy on reserve)
Richard Benedick, “The Montreal Ozone Treaty” American University Journal of International Law and
Policy, Vol. 5 (1990), 227-233 (copy on reserve)
Montreal protocol impact: http://darkwing.uoregon.edu/~rmitchel/iep/images/cfc_graph.htm
Presentations:
James Maxwell and Sanford L Weiner, “Green Consciousness or Dollar Diplomacy? The British Response to
the Threat of Ozone Depletion” International Environmental Affairs, 5(1), (1993) [copy on reserve]
Elizabeth DeSombre, “The Experience of the Montreal Protocol: Particularly Remarkable and Remarkably
Particular” Journal of Environmental Law, Vol 19, 2000-2001 [copy on reserve]
Illegal Trade in Ozone Depleting Substances: go to: http://www.uneptie.org/en/branches/ozonaction.htm, and search on
“ozone illegal”
Douglas Smith, “The Implementation of Canadian Policies to Protect the Ozone Layer” in G. Bruce Doern (ed)
Getting it Green, C.D. Howe Institute, 1990, 111-128 (copy on reserve)
Supplementary Reading:
Montreal Protocol text: http://www.unep.org/ozone /mp-text.shtml
Michael Kowalok, “Research Lessons from Acid Rain, Ozone Depletion, and Global Warming” Environment,
Vol. 35 No 6 (1993), 12-20, 35-38 (copy on reserve)
R B. Mitchell, "International Environmental Agreements" Annual Review of Environment and Resources 28
(Nov 2003) [Weller electronic journals]
Peter Haas, “Stratospheric Ozone” in Young and Osherenko (ed) Polar Politics, Cornell UP, 152-185
Pamela Zurer, “Delayed CFC Phaseout in Developing Countries Raises Growing Concern” Chemical and
Engineering News 8 May 1995, 25-26
Richard E. Benedick “Protecting the Ozone Layer” in Jessica Tuchman Mathews (ed), Preserving the Global
Environment, World Resources Institute, Norton, 1991, 112-153
Edward Parson, “Protecting the Ozone “ in Peter Haas, et al, Institutions for the Earth, MIT Press, 1993, 27-73
Dianne Doolittle, “Understanding Ozone Depletion” Ecology Law Quarterly (May 1989), 407-41.
Blegen Brice, “International Co-operation in Protection of the Ozone: The Montreal Protocol” Denver Journal
of International Law and Policy, (Winter-Spring 1988), 413-478.
Winfried Lang, “Ozone Layer” Yearbook of Int’l Environmental Law, Vol. 3, 225-7, 1992 and 4, 139-141, 1993
Lydia Dotto and Harold Schiff, Ozone Crisis, 1989 and The Ozone War, 1987
Ben C Lieberman, “Stratospheric Ozone Depletion and the Montreal Protocol: A Critical Analysis” Buffalo
Environmental Law Journal Vol. 2(1) (Spring 1990), 1-31
Paul Roberts, “What’s Flying out the Ozone Hole? Billions of Dollars” Business Week, 13 June 1994
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Seminar 6.
(7 October)
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How are regimes formed? (II) Biodiversity Convention and Basel Convention
Topic: What were the factors behind the Biodiversity and Basel Conventions? Are they both departures from
previously existing environmental regimes?
Required Reading:
Edward Wilson “Threats to Biodiversity” Scientific American, September 1989, 108-116 (copy on reserve)
Francoise Burhenne-Guilmin and Susan Casey-Lefkowitz, “The Convention on Biological Diversity” Yearbook
of International Environmental Law, Vol. 3, (1992), 43-59 (copy on reserve)
Katharina Kummer “The International Regulation of Transboundary Traffic in Hazardous Wastes: The 1989
Basel Convention” International and Comparative Law Quarterly 41 (1992), 530-562 (copy on reserve)
Presentations:
Michael Girard, Whose Backyard, Whose Risk. MIT Press, 1995, Chap 2 (copy on reserve)
Mark Montgomery, Reassessing the Waste Trade Crisis: What Do We Really Know?” Journal of Environment
and Development, Vol 4, No 1 (Winter 1995) [Weller electronic journals]
Vadim Nee and Bella Sewell “Can Kazakstan Profit from Radioactive Waste?” Georgetown International
Environmental Law Review, [on Blackboard]
Betay Billinghurst, “E-Waste: A Comparative Analysis …” Colorado Journal of International Environmental
Law and Policy, Spring 2005 [on Blackboard]
P. Pak “Haste Makes E-Waste: A Comparative Analysis of How the United States Should Approach the
Growing E-Waste Threat” Cardozo J of International and Comparative Law, 16, 2008 [copy on reserve]
Jim Puckett “Disposing of the Waste Trade: Closing the Recycling Loophole” The Ecologist Vol. 24 No 2
(March-April 1994) [Weller journals]
Rodolfo Dirzo and Peter H. Raven “Global State of Biodiversity Loss” Annual Review of Environment and
Resources, Vol 28, 2003 [Weller electronic journals] (NB: this is a somewhat technical article)
Kerry Ten Kate and Sarah A. Laird, “Biodiversity and Business: Coming to Terms with the ‘Grand Bargain’”
International Affairs, Vol 76, No 1, 2000 [Weller electronic journals]
Charles Perrings and Jon Lovett, “Policies for Biodiversity Conservation: the Case of Sub-Saharan Africa”
International Affairs, Vol 75, No. 2, 1999 [Weller electronic journals]
Robert Falkner, “Regulating Biotech Trade: the Cartegena Protocol on Biosafety” International Affairs, Vol 72,
No. 2, 2000 [Weller electronic journals]
Supplementary Reading: Biodiversity
History of international biodiversity meetings: http://www.iisd.ca/process/biodiv_wildlife-cbdintro.htm
Anne Batchelor “Preservation of Wildlife Habitat in Ecosystems” Florida International Law Journal, 3
(Summer 1988,), 307-339 [copy on reserve]
Supplementary Reading: Hazardous Waste
J Krueger, International Trade and the Basel Convention, Royal Institute of International Affairs, 1999
Mey Jurdi “Transboundary Movement of Hazardous waste into Lebanon” Journal of Environmental Health,
Parts 1 and 2, January-February 2002, 9-14, 15-19
Jonathan Krueger “What’s to become of Trade in hazardous waste?” Environment, Vol 41, No 9 (1999)
Sejal Choksi “The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal: 1999 Protocol on Liability and Compensation” Ecology Law Quarterly, Vol. 28 Issue 2,
2001 [Weller electronic journals]
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Seminar 7.
(14 October)
Fall 2006
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Are regimes effective? (I) War and Environment / Nuclear testing
Topic: Do the international regimes on nuclear testing and the laws of war affect state behaviour? Do they
protect the environment?
Required Reading:
Marvin Soroos, “The Nuclear Testing Regime” [draft chapter: copy on reserve]
Egon Schwelb “The Nuclear Test Ban Treaty and International Law” American J of International Law, Vol.
58, 1964, 642-646 [only] (copy on reserve)
L. C. Green “The Environment and the Law of Conventional Warfare” The Canadian Yearbook of International
Law, 1991, 222-236 (copy on reserve)
J David Singer and Jeffrey Keating, “Military Preparedness, Weapon Systems, and the Biosphere: A
Preliminary Impact Statement” New Political Science, Vol 21 No 3 (1999), 325-343 (copy on reserve)
Presentations:
Wil D Verwey, “Protection of the Environment in Times of Armed Conflict” Leiden Journal of International
Law, 8(1): 7- 40 (1995) (copy on reserve)
W. Bradnee Chambers, “Towards an Understanding of Legal Effectiveness of International Environmental
Treaties” Georgetown International Environmental Law Review, 16, Spring 2004 (on Blackboard)
Aurelie Lopez, “Criminal Liability for Environmental Damage Occurring in Times of Non-International Armed
Conflict: Rights and Remedies” Fordham Environmental Law Review, Vol 18, 2007 [copy on reserve]
Tara Weinstein “Prosecuting Attacks that Destroy the Environment” Georgetown International Environmental
Law Review, Summer 2005 [on Blackboard]
Arthur Westing “Environmental Warfare” Environmental Law, Vol 15(4), 1985 [copy on reserve]
Ronald B. Mitchell, “A quantitative approach to evaluating international environmental regimes” Global
Environmental Politics, 2 (4) 2002 (Weller electronic journals, and http://www.uoregon.edu/~rmitchel/resume/2002GEP-Article.pdf )
Supplementary Reading
Michael Schmitt, “Green War: An Assessment of the Environmental Law of International Armed Conflict”
Yale Journal of International Law, 22 (1997) (copy on reserve)
United Nations Environment Programme, “UNEP To Assess Environmental Damage In Afghanistan,”
http://www.unep.org/Documents/Default.asp?DocumentID=264&ArticleID=3129
Rachel Anne Calabia “The US military - using the Philippines as a toxic waste dump” Ecologist 22/03/02
[Weller journals]
Jim Carey “Ship of fools” Ecologist 26/10/2001 [Weller journals]
Felicity Arbuthnot “Deserted Victims of War: the on going horrors of the Gulf War” Ecologist 22/ 09/ 2000
[Weller journals]
Edward Hammond “Profits of doom: who will gain from the propagation of biological warfare?” Ecologist
22/11/2001 [Weller journals]
Eduardo Goncalves “The secret nuclear war” Ecologist 22/03/2001 [Weller journals]
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Seminar 8: Are Regimes Effective? (II) Toxic Substances and Human Health
(21 October)
Topic: Is the Stockholm Convention (on persistent organic pollutants, or “POPs”) proving effective? What
should the international community do about the threat of endocrine disruption? (Conference Call with
Dr. Theo Colborn)
Required Reading:
Theo Colborn, Dianne Dumanoski, and John Peterson Myers, Our Stolen Future, pages 1-20, 231-249, and
Appendix, 251-260 (copy on reserve)
“Endocrine Disruption” and “Wingspread Statement” Endocrine Disruption Exchange, at
http://www.endocrinedisruption.com/
Andrew Yoder, “Lessons from Stockholm: Evaluating the Global Convention on Persistent Organic Pollutants”
Indiana Journal of Global Legal Studies, Vol. 10/2, Summer 2003, 113-156 [Weller electronic journals]
Arctic Monitoring and Assessment Programme, Fact Sheet: “Transport of contaminants to the Arctic and their
Fate” at: http://www.amap.no/
Presentations:
Teall Crossen “Multilateral Environmental Agreements and the Compliance Continuum” Georgetown
International Environmental Law Review, Spring 2004 [on Blackboard]
David R. Boyd and David Suzuki Foundation, The Food We Eat, 2006 [on Blackboard]
Carl Cranor, “So you want to bet your children’s health on post-market harm principles?” Villanova
Environmental Law Journal, Vol. 19, 2008 (copy on reserve and/or on Blackboard)
Christian Vanden Bilcke, “The Stockholm Convention on Persistent Organic Pollutants” Review of European
Community & International Environmental Law, Vol. 11, No 3, 2002 [Weller electronic journals]
D. Dean Batchelder, “An Analysis of Potential Conflicts between the Stockholm Convention and its Parties’
WTO Obligations” Michigan Journal of International Law, Vol. 28, 2006 [copy on reserve]
Supplementary Reading
Theo Colborn, F. vom Saal and Soto “Developmental Effects of Endocrine-Disrupting Chemicals in Wildlife
and Humans” Environmental Health Perspectives, 101(5): 378-81, October 1993 (copy on reserve)
Bette Hileman, “Environmental Estrogens Linked to Reproductive Abnormalities, Cancer” Chemical and
Engineering News, 1994 (copy on reserve)
Bette Hileman, “Environmental Hormone Disrupters Focus of Major Research Initiatives” Chemical and
Engineering News, 1996 (copy on reserve)
Peter Hough, “Poisons in the System: The Global Regulation of Hazardous Pesticides” Global Environmental
Politics, Vol. 3 Issue 2 May 2003 [Weller electronic journals]
Terri Damstra, “Potential Effects of Certain Persistent Organic Pollutants and Endocrine Disrupting Chemicals
on the Health of Children” Clinical Toxicology, Vol 40, No 4, 2002 [Weller electronic journals]
International Studies 470/670
Fall 2006
12
Seminar 9. Are Regimes Effective? (III) Kyoto Protocol
(28 October)
Topic: Has the Kyoto “Accord” been effective? If not, why not?
Assignment: If you have never done it, calculate how much you contribute to climate change at
http://www.carbonfootprint.com/calculator.aspx or http://www.climatecrisis.net/takeaction/carboncalculator/
Required Readings:
(Re-read) L. Broadhead “Canada as a Rogue State” International Journal, Sum 2001 [Weller electronic journals]
Douglas Macdonald and Heather Smith “Promises Made, Promises Broken: Questioning Canada's
Commitments to Climate Change” International Journal, vol. 55.1 (Winter 1999), 107-24 [Weller
electronic journals – use ProQuest]
Elizabeth May “From Montreal to Kyoto” Policy Options, Dec-January 2003, at: www.irpp.org/po/po_arc03.htm
Douglas Macdonald and Debora VanNijnatten "Sustainable development and Kyoto implementation in Canada:
the road not taken" Policy Options, July-Aug 2005, at: www.irpp.org/po/po_arc03.htm
Speech(es) on climate change of the Canadian environment minister, John Baird (as of Sept 2008), at:
http://www.ec.gc.ca/default.asp?lang=En&n=6F2DE1CA-1 [Warning: this is akin to a “Where’s Waldo?” exercise]
Presentations:
Robert Stavins, “A Meaningful U.S. Cap and Trade System to Address Climate Change” Harvard
Environmental Law Review, vol. 32, 2008 [Weller electronic journals]
Daniel McCabe “Resolving Conflicts between Multilateral Environmental Agreements: Case of the Montreal
and Kyoto Protocols” Fordham Environmental Law Review, vol. 18, 2007 [Weller electronic journals]
Steven Bernstein, “International Institutions and the Framing of Domestic Policies: The Kyoto Protocol and
Canada’s Response to Climate Change” Policy Sciences, vol. 35, 2002 [Weller electronic journals]
E Posner & C Sunstein “Climate Change Justice” Georgetown Law Journal, v. 96, 2008 [Weller electronic journals]
Daniel Farber, “Apportioning Climate Change Costs” Journal of Environmental Law, vol. 26, 2008 [on
Blackboard] [read pages 21-34, and 51-54 ONLY]
Supplementary Reading:
Environment Canada, on nature of climate change, at:
http://www.msc.ec.gc.ca/education/scienceofclimatechange/understanding/FAQ/index_e.html
And: http://www.msc.ec.gc.ca/education/scienceofclimatechange/understanding/index_e.html
Various publications of the Pembina Institute, at: http://climate.pembina.org/
Heather Smith, “Stopped cold” Alternatives, Fall 1998, 10-16 [copy on reserve]
Daniel Bodansky “The United Nations Framework Convention on Climate Change: A Commentary” Yale
Journal of International Law Vol. 18, No 2 (Summer 1993) [copy on reserve]
Hovi, Jon, et al “The Persistence of the Kyoto Protocol: Why Other Annex I Countries Move on Without the
United States” Global Environmental Politics, Nov 2003 (Weller Library electronic journals)
Victor, David G “Enforcing International Law: Implications for an Effective Global Warming Regime.” Duke
Environmental Law and Policy Forum 10:1, 1999 147-84 at: http://www.law.duke.edu/journals/10DELPFVictor
History of climate change negotiations
“The Changing Atmosphere: Implications for Global Security - Conference Statement, Toronto, Canada, June
1988” American University Journal of International Law and Policy, 5: 515-524 (1990)
D. Bodansky “Managing Climate Change” Yearbook of International Environmental Law Vol. 3 (1992), 60-74
1992 UN Convention on Climate Change (legal text): http://unfccc.int/resource/docs/convkp/conveng.pdf
Kyoto Protocol to the UN Convention (legal text): http://unfccc.int/essential_background/kyoto_protocol/items/1678.php
Climate Change Science
Stephen Schneider “The Changing Climate" Scientific American (September 1989), 70-79
Thomas E. Graedel and Paul J. Crutzen, "The Changing Atmosphere" Scientific American (Sept 1989), 58-68
International Studies 470/670
Fall 2006
13
Seminar 10. Do Private Sector Regimes Work? Corporate Responsibility
(4 November)
Topic: Are there alternative approaches to inter-state environmental accords? Can corporate actions
or private sector regimes be effective?
Required Reading:
Rhys Jenkins, “Globalization, Corporate Social Responsibility and Poverty” International Affairs (London),
vol. 81, May 2005, pages 525-529 ONLY [Weller electronic journals]
Dashka Slater, “Keep Your Eye on the Globe” Sierra, January-February 2008, 28-33 [Weller electronic journals]
Erik Assadourian “The State of Corporate Responsibility and the Environment” Georgetown International
Environmental Law Review, Summer 2006 [on Blackboard]
Presentations:
Ingvild Sæverud and Jon Skjærseth “Oil Companies and Climate Change: Inconsistencies between Strategy
Formulation and Implementation?” Global Environmental Politics, August 2007, Vol. 7 [Weller electronic
journals]
S. Ferry “Corporate Responsibility and Carbon-based Life Forms” Environmental Affairs, Vol 35, 2008 [copy on
reserve]
David Barnhizer “Waking from Sustainability’s ‘Impossible Dream’: the Decisionmaking Realities of Business
and Government” Georgetown International Environmental Law Review, Summer 2006 [skip Part 3,
pages 653-70] [Weller electronic journals]
Elizabeth Hancock “Red Dawn, Blue Thunder, Purple Rain: Corporate Risk of Liability for Global Climate
Change and the SEC Disclosure Dilemma” Georgetown International Environmental Law Review, Winter
2005 [Weller electronic journals]
Perry Wallace, “Climate Change, Fiduciary Duty and Corporate Disclosure: Are Things Heating Up in the
Boardroom?” Virginia Environmental Law Journal, v 26, 2008 [rather technical article, but making a
few simple points] [copy on reserve]
International Studies 470/670
Fall 2006
14
Seminar 11. Are there competing priorities? Environmental Policy in China
(18 November)
Topic: Should economic development, in developing countries or generally, be given precedence over the
environment? Is China giving sufficient priority to environmental policy? Are its policies being affected
by international environmental regimes?
Required Reading:
Jianguo Liu and Jared Diamond, “China's environment in a globalizing world” Nature, Vol. 435 Issue 7046,
1179-1186 [copy on reserve]
Adam Briggs, “China’s Environmental Pollution Victims” Georgetown International Environmental Law
Review, Vol. 18, Winter 2006, 305-333 [Weller electronic journals and copy on reserve]
Jimin Zhao “Implementing International Environmental Treaties in Developing Countries: China's Compliance
with the Montreal Protocol” Global Environmental Politics, Vol. 5 Issue 1, Feb 2005, pp 58-81 [Weller
electronic journals]
Presentations:
Wang Mingyuan “ China’s Pollutant Discharge Permit System Evolves behind its Economic Expansion”
Villanova Environmental Law Journal, Vol 19, 2008 [copy on reserve]
Justin Blood, “Energy Production Pollution in China” Colorado Journal of International Environmental Law
and Policy, Vol 19, Winter 2008 [copy on reserve] ]
Neil Carter and Arthur Mol, “China and the Environment: Domestic and Transnational Dynamics of a Future
Hegemon” Environmental Politics, Volume 15, Number 2 (April 2006) [Weller electronic journals]
Jolene Shin Shuwen “Assessing the Dragon’s Choice: Use of Market-based Instruments in Chinese
Environmental Policy” Georgetown International Env’l Law Review, V.16, Sum 2004 (copy on reserve)
Abigail Jahiel, “China, the WTO, and Implications for the Environment” Environmental Politics, Volume 15,
Number 2 (April 2006) [Weller electronic journals]
Julie Lemmer “Cleaning Up Development: EIA in Two of the Largest and Most Rapidly Developing Countries”
Georgetown International Environmental Law Review, Winter 2007 [on Blackboard]
Nathaniel Aden, Jonathan Sinton, “Environmental Implications of Energy Policy in China” Environmental
Politics, Volume 15, Number 2 (April 2006), [Weller electronic journals]
Hongyuan Yu “Global Environment Regimes and Climate Policy Coordination in China” Journal of Chinese
Political Science, Vol. 9 Issue 2, September 2004 [Weller electronic journals]
Supplementary Reading
Han Shi, Lei Zhang, “China's Environmental Governance of Rapid Industrialisation” Environmental Politics,
Volume 15, Number 2, April 2006 [Weller electronic journals]
Judith Shapiro, Mao's War on the Environment: Politics and the Environment in Revolutionary China, 2001
Vaclav Smil, Environmental Problems in China, 1996 and China's Past, China's Future: Energy, Food,
Environment, 2004
International Studies 470/670
Seminar 12
(25 Nov)
Fall 2006
15
Where are we going in the 21st century? What principles should apply?
Topics: Should we form a global environmental organization with significant powers and responsibilities?
And: What basic principles should apply to the management of international environmental problems and to
management of the global commons? Should states continue to have sovereign rights? Should their neighbours
have the right to be free of transboundary pollution (“externalities”)? Should actions be based on the
“precautionary” principle? Is there a basic human right to a sustainable environment? Should future
generations have rights? Should animals have rights? Should nature have rights?
Paper Topics: Papers for this week should address the following questions: Taking into account everything we
have read and discussed this term, should (and can) the principle of national sovereignty be challenged by
[your choice of alternative principle]? Why?
Required Readings:
John Whalley and Ben Zissimos, “What Could a World Environmental Organization Do? Global
Environmental Politics, Vol. 1 Issue 1, Feb 2001, [Weller electronic journals]
Frank Biermann, “The Emerging Debate on the Need for a World Environment Organization: A Commentary”
Global Environmental Politics, Vol. 1 Issue 1, Feb 2001, [Weller electronic journals]
(plus, read the articles for one of the following topics):
Precautionary Principle:
James Cameron and Juli Abouchar “The Precautionary Principle” Boston College International and
Comparative Law Review Vol. 14 (1991) and D. Bodansky “Remarks ...” [on the precautionary
principle] American Society of International Law, Proceedings, 1991 (copy on reserve)
Rights to a Clean Environment
Barry Hill, et al “Human Rights and the Environment” Georgetown International Environmental Law Review,
Spring 2004 (skim Part 3) [on Blackboard]
OR: M Fitzmaurice “The Human Right to Water” Fordham Environmental Law Rev., 18, 2007 [copy on reserve]
Rights of Children
Karen MacDonald, “Sustaining the Environmental Rights of Children: An Exploratory Critique” Fordham
Environmental Law Review, Vol 18, 2006 [copy on reserve]
Rights of future generations:
Edith Brown Weiss “Our Rights and Obligations to Future Generations for the Environment” American Journal
of International Law, Vol. 84 (1990) (copy on reserve)
Rights of nature:
Susan Emmenegger and Axel Tschentscher “Taking Nature’s Rights Seriously: The Long Way to Biocentrism
in Environmental Law” Georgetown International Environmental Law Review Vol. 6 (1994) and John
Livingston, “Rightness or Rights” Osgoode Hall Law Journal, 22:2 (copy on reserve)
Rights of other species:
Anthony D’Amato and Sudhir K Chopra “Whales: Their Emerging Right to Live” American Journal of
International Law Vol. 85 (1991) and Andrew Taylor, Roger Scruton “Debate: Do Animals have
Rights?” Ecologist 22/02/2001 (copy on reserve)
International Studies 470/670
Fall 2006
16
Ecofeminism
Marti Kheel, “Ecofeminism and Deep Ecology: Reflections on Identity and Difference” in Diamond and
Orenstein (eds) Reweaving the World Sierra Club Books, 1990 and Anne Archambault, “A Critique of
Ecofeminism” Canadian Woman Studies Vol. 13 No 3 (Spring 1993) (copy on reserve)
Deep Ecology
Bill Devall and George Sessions Deep Ecology: Living as if Nature Mattered, 1985, (copy on reserve) and Eric
Reitan “Deep Ecology and the Irrelevance of Morality” Environmental Ethics 18 (4):411-24 1996
http://darkwing.uoregon.edu/~rmitchel/iep/readings/Reitan.pdf
Presentations:
Melissa Dorn, “Summary of the Conference on Global Environmental Governance” Georgetown International
Environmental Law Review, Winter 2007 [on Blackboard]
Andrew Green, “Self-Control, Individual Choice, and Climate Change” Virginia Environmental Law Journal,
Vol 26 [copy on reserve]
Supplementary Reading
Simon Retallack “Power Failure: criticism of politicians today” Ecologist 22/11/2000
Peter M. Haas “Addressing the Global Governance Deficit” Global Environmental Politics; Nov 2004, Vol. 4
Issue 4 [Weller electronic journals]
Adil Najam, I Christopoulou, W Moomaw “The Emergent “System of Global Environmental Governance”
Global Environmental Politics, Vol. 4 Issue 4, Nov 2004 [Weller electronic journals]
P Roche and F X Perrez, “International Environmental Governance” Colorado J of International Environmental
Law and Policy, 16, Winter 2005
International Studies 470/670
Fall 2006
17
Fish
Required Reading:
Carl Safina, “The world's imperiled fish” Scientific American, November 1995, 273/5 (Copy with colour graphics
on reserve in Weller Library; text-only version without graphics available through electronic journals)
Meryl Williams, “Are High Seas and International Marine Fisheries the Ultimate Sustainable Development
Challenge?” Journal of International Affairs, 59/1, Fall-Winter 2005 [Weller electronic journals]
Presentations:
Ray Hilborn, et al, “State of the World’s Fisheries” Annual Review of Environment and Resources, 28 (2003)
359-99
Paul Fauteux, “The Canadian Legal Initiative on High Seas Fishing” Yearbook of international Law, 4 (1993)
Rosemary Rayfuse, “Canada and Regional Fisheries Organizations: Implementing the UN Fish Stocks
Agreement” Ocean Development and International Law, 34 (2003), 209-228
Elizabeth R DeSombre, “Fishing under Flags of Convenience: Using Market Power to Increase Participation in
International Regulation” Global Environmental Politics, 5/4, November 2005 [Weller electronic journals]
International Studies 470/670
Fall 2006
18
on Deforestation
Klemens Laschefski “Saving the wood” Ecologist 26/10/2001
Sue Branford & Nicole Ferris “One Great Big Hill of Beans: Soya and the Amazon” Ecologist 22/04, 2000
Jeremy Smith “Somalia- fire and rain” Ecologist 22/05, 2002
Lars H.Gulbrandsen, “Overlapping Public and Private Governance: Can Forest Certification Fill the Gaps in the
Global Forest Regime? Global Environmental Politics, Vol. 4 Issue 2, 2004 [Weller electronic journals]